Content of the duty to act fairly under articles 23 and 296
The truth of the matter is that what these enactments say are broad principles that are supposed to guide the work of administrative bodies exercising statutory discretions including the respondent. The key demands made of administrative bodies and officials by the provisions are for them to act "fairly and reasonably", to be "candid" and not "arbitrary, capricious or biased." However, on a regular basis, administrative bodies exercise multiple discretions that affect persons and the form in which they are to observe these injunctions is to be determined by all the circumstances and provisions of the enactment under which the discretion is being exercised.
Convenience and expediency as an answer to a claim to a hearing
Nor can convenience and expediency serve as guiding principles in the exercise of WAEC's penal powers if the outcome, in the circumstances smacks of unfairness, unreasonableness and unlawfulness. Therefore, the fact that an investigation which complies with natural justice and meets constitutional standards of fairness and reasonableness might seem inconvenient or impracticable is no excuse.
